Real estate case law: analysis and practical advice

This decision provides important insight into your property law rights. Here is what it changes for you.

The situation

A Court of Appeal, having found that when the bank issued its loan offers, it was aware of the preliminary sale agreement for the land, the planning permission application file and an estimate of the works, trade by trade, bearing the architect's stamp, and having held that in view of those documents, the bank was entitled to consider that the construction was to be carried out under a project management contract concluded with an architect, and under works contracts, was able to deduce that the bank had not breached its duty to advise. In the event of late delivery, the minimum daily penalty must be calculated on the price initially agreed.

What the law says

This decision confirms the fundamental principles of property law.

Key points to remember

• Comply strictly with the legal time limits for appeals
• Keep all your supporting documents (deeds, instruments, letters)
• Anticipate: preventive advice always costs less than litigation

For an analysis of your situation: 30-minute consultation at €45 with Maître Zakine.